Notice period start date on Voluntary redundancy

[TN_law_help]

Hi,

I'm not sure if this has ever come up but normally the notice period of a compulsory redundancy should start the next day the employee has been advised.

If the terms of a voluntary redundancy have been agreed and nothing has changed from the proposal and accepting the voluntary redundancy request, can notice period start on the day that the employee has been told their voluntary redundancy request has been agreed?

Thanks

 

[Rebecca_J_T]

Hi there. Employment rights for redundancy are employment rights for redundancy regardless of whether it’s compulsory or voluntary. Both are dismissals. I’d still work on the basis that the notice period starts once it is confirmed that the employee will be made redundant.

Becky

 

[TN_law_help]

Thanks Becky

I was wondering if I sent an email stating their notice period started on the same day they receive it, whether that is ok.

On one of ACAS' page it says "If you're given the notice by email or post, your notice period should start when you've had time to read it." so if they read it on the same day that should be ok?

 

[Rebecca_J_T]

Honestly, the day after is safest, but I’m guessing there’s a particular reason you’re wanting to start it on the same day. If you’ve shared details of the redundancy ahead of the letter, you could argue that the employee was familiar with the terms of the letter/email before receiving it and so the letter/email is just starting the clock (on the day it’s received).

Hope that helps!

 

[TN_law_help]

Thank you. That's very helpful.

Thanh